In this criminal original petition, the petitioner, a professional driver charged under the NDPS Act, sought bail claiming no knowledge of the contraband. The High Court held he failed to satisfy the twin conditions for bail under Section 37 of the NDPS Act and dismissed the petition.
Petitioner's bail petition is dismissed; he is to remain in judicial custody.
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Crl.OP.No.15958 of 2022
Crl.O.P.No.15958 of 2022
G.K.ILANTHIRAIYAN, J.
The petitioner, who was arrested and remanded to judicial custody on 22.09.2021 for the offences punishable under Sections 8(c), 20(b)(ii)(C) 25, 29(1) of Narcotic Drugs & Phychotropic Substances Act, 1985 in crime No.28 of 2021 on the file of the respondent police, seeks bail.
Court granted bail to the driver of the another car TATA Indica bearing registration No.TN 10 AD 3843 in Crl.O.P.No.4561 of 2022.
to drive the car. Therefore, he has full knowledge about the contraband which
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Crl.OP.No.15958 of 2022
was possessed by the other accused persons and he was in the conscious possession of contraband weighing 50 Kgs of Ganja.
13.07.2022
mpl
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Crl.OP.No.15958 of 2022
G.K.ILANTHIRAIYAN, J.
mpl
Crl.O.P.No.15958 of 2022
13.07.2022
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3 issues framed by the court
Whether bail be granted to a professional driver charged under Sections 8(c), 20(b)(ii)(C) 25, and 29(1) of the NDPS Act who was conscious of the contraband.
Whether the petitioner satisfied the twin conditions laid down under Section 37 of the NDPS Act for granting bail.
If the petitioner failed to satisfy the conditions of bail under Section 37 of the NDPS Act, what is the proper disposal of the bail petition.
1 provisions across 1 enactments
G.K.ILANTHIRAIYAN
State represented by Public Prosecutor
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
